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Faculty Books & Edited Works

 
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  • Cases and Materials on Employment Discrimination and Employment Law by Samuel Estreicher and Michael C. Harper

    Cases and Materials on Employment Discrimination and Employment Law

    Samuel Estreicher and Michael C. Harper

    This law school casebook presents updated materials on employment discrimination law. The book provides a text for a comprehensive course on substantive and procedural law, including in depth analysis of models of proof under Title VII, as well as of the special problems presented by the regulation of sex, age, disability, and retaliatory discrimination. The book also highlights procedural systems under Title VII, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), as well as issues of coordination between private arbitration and federal and state regulation.

  • Foundations of Labor and Employment Law by Samuel Estreicher and Stewart J. Schwab

    Foundations of Labor and Employment Law

    Samuel Estreicher and Stewart J. Schwab

    This collection of key readings introduces students of labour and employment law to the intellectual background and economic concepts that inform modern law. Among the topics discussed are public and private sector laws, unions, pensions, international comparisons with American employment law, and future models of labour and employment law. The readings are introduced by the two editors, both scholars in this field, and accompanied by notes and questions for the student. This collection of key readings introduces the reader to the intellectual background and economic concepts that inform modern law. The readings are introduced by the two editors, both scholars in this field, and accompanied by notes and questions for the student.

  • Did Microsoft Harm Consumers? Two Opposing Views by David S. Evans, Franklin M. Fisher, Daniel L. Rubinfeld, and Richard L. Schmalensee

    Did Microsoft Harm Consumers? Two Opposing Views

    David S. Evans, Franklin M. Fisher, Daniel L. Rubinfeld, and Richard L. Schmalensee

    United States v. Microsoft is arguably “the” antitrust case of the past decade. It will have important implications for how governments regulate information technologies and the coming Internet explosion. It will also have important consequences for how businesses behave in the marketplace and in the political arena. Because the Microsoft case has captured the attention of the public and the press, we thought that it would be useful to provide an informed assessment of the economic and policy issues underlying the case. Typically, the AEI- Brookings Joint Center commissions studies from academics who do not have a direct stake in the issue under study. In this volume we decided to take a different tack. We asked the leading economists on the government side of the case and the Microsoft side of the case to layout their views on the key issues and then to respond to the views presented by the opposing side. We did so because we felt that the leading economists would have access to information that outsiders might not easily obtain. We also felt that readers would then be in a good position to reach their own conclusions about the case. We hope that this volume will highlight the fundamental areas of agreement and disagreement on this case. We also hope that this volume will illuminate many of the complex issues involved in assessing the appropriate scope for antitrust intervention in information technology industries.

  • Outline of a Phenomenology of Right by Bryan-Paul Frost and Robert L. Howse

    Outline of a Phenomenology of Right

    Bryan-Paul Frost and Robert L. Howse

    Alexandre Kojeve was one of the twentieth century's most important political philosophers, yet among American intellectuals he is known mostly by reputation. Kojeve's reading of Hegel influenced an entire generation of French intellectuals, including Raymond Aron, Georges Bataille, Jacques Lacan, and Eric Weil. His work also inspired Francis Fukuyama's famous thesis in The End of History and the Last Man. Published posthumously in 1981 and available for the first time in English, Outline of a Phenomenology of Right is Kojeve's most political work. This is Kojeve's only sustained discussion of such fundamental questions as justice, law, and the most satisfying form of government.

  • Criminology and Social Theory by David W. Garland and Richard Sparks

    Criminology and Social Theory

    David W. Garland and Richard Sparks

    In this unique collection of essays, a diverse group of distinguished social theorists reflect upon the intellectual challenges and opportunities presented to criminology by recent transformations in the social and intellectual landscapes of contemporary societies. As each essay in its different way reveals, crime and punishment have ceased to be topics that can be contained within the bounds of any specialized discipline. Crime and punishment now play such integral roles in the politics of contemporary societies, are so densely entangled with our daily routines, so deeply lodged in our emotional lives, so vividly represented in our cultural imagination, that they easily escape any analytical box, however capacious, that criminology may develop for their containment.

  • Regulation of Lawyers: Statutes and Regulations by Stephen Gillers and Roy D. Simon

    Regulation of Lawyers: Statutes and Regulations

    Stephen Gillers and Roy D. Simon

    Prior edition of Regulation of Lawyers: Statutes and Regulations.

  • Protecting Human Rights in a Global Economy: Challenges for the World Trade Organization by Robert L. Howse and Makau Matua

    Protecting Human Rights in a Global Economy: Challenges for the World Trade Organization

    Robert L. Howse and Makau Matua

    Explores the relationship between trade law and human rights law and identifies areas of tension and possible reconciliation. Argues that trade and human rights regimes need not be in conflict so long as the trade regime is interpreted and applied in a manner consistent with the human rights obligations of states.

  • What Kind of Constitution for What Kind of Polity?: Responses to Joschka Fischer by Christian Joerges, Yves Mény, and Joseph H. H. Weiler

    What Kind of Constitution for What Kind of Polity?: Responses to Joschka Fischer

    Christian Joerges, Yves Mény, and Joseph H. H. Weiler

    Does Europe need a Constitution? Does it already have one, albeit one which does not generate the type of legitimacy that good European governance would require? What are the failures of the European construct that we have to address? How could the necessary changes be brought about? Such questions nurture endless discussions among lawyers and political scientists all over Europe and beyond. To its surprise, this learned community hears about a talk given on 12 May 2000 at the Humboldt University in Berlin by Joschka Fischer. “Allow me . . . to cast aside for the duration of this speech the mantle of German Foreign Minister. . . . Although I know it is not really possible to do so,” Herr Fischer explained. Whether possible or not, one huge virtue was on display: that this was not a speech with electoral returns or the prospects of pre-election pep-talks in mind—a truly bright and a refreshing breath of fresh air in today’s politics. His talk became immediately accessible in three languages not only through the website of the Walter Hallstein Institute at the Humboldt University but also as a “Grundsatzrede” on the website of the German Bundestag. A wide degree of public attention was hoped for and was, in fact, received. The German Foreign Minister had initiated an intensive public debate. The responses in Europe were heard primarily in the various political arenas of the Union’s Member States and were often enough articulated by citizen Fischer’s high ranking colleagues. Public attention was not restricted to the political system and organised public opinion. Only rarely do politicians free themselves in public from the constraints of their roles of being either the specialist managing necessities or the generalist delivering uncontroversial messages. Our initiative was born out of academic curiosity for a tertium. We witnessed the emergence of a European-wide discussion on problems and prospects of the European polity inspired by an unconventional type of political act and wondered whether we could mirror this event: how does the academic world address the issues raised in the political system and what, indeed, do academics have to say when they themselves leave their own circles to raise their voices as citizens? Such an initiative can neither be representative or original in any way nor can it articulate some form of communis opinio—academics, appropriately, are good at unveiling ever more problems but not, perhaps, at coming up with common answers. What we sought to bring about was a multi-disciplinary, multi-national, pluralist response which would document common concerns and the existence of a European public sphere—at least in the social sub-system we inhabit. With our initiative, we step outside the ordinary confines of the academic world in much the same way as Joschka Fischer operates outside the conventional borders of the political system. This is neither to suggest that both worlds could merge nor to establish a hierarchy among them. However, it nonetheless remains our ambition to enrich the public debate. How might one read this collection of essays? We did not try to assign specific tasks to the individual contributors. Each and every one of them represents specific research priorities, long-term orientations and normative preferences. Their interdisciplinary and multi-national composition ensured a range of responses which, in some, would, to some degree, be complementary, in others controversial, but never ever simply redundant. We also did not bother too much with editing style: on the websites where these contributions were made accessible, the voices one could read were authentic, having met only with the lightest of touches from the editor’s pen. In these printed versions, the English of non-native writers has been edited, albeit not with the ambition of camouflaging the origin of texts. Hence, it would be futile to try to organise their collective contents in line with some all-encompassing system. It may, however, be useful to sketch out briefly just three main common themes of this collective exercise. Such guidance may help readers to identify the contributions which are closest to their particular interest. They should, however, also be prepared to discover many more interesting comments which are not included in the following sketch. “Less than a Federation. More than a Regime”: this famous characterisation of the European project has proved to be of long term validity. But this success stems from its very indeterminacy. When proclaiming “a very simple answer” to the queries posed by this formula, namely “the transition from a union of states to full parlamentarisation as a European Federation,” Joschka Fischer rejects what has so far been a very successful compromise formula. Charles Leben, the contitutionalist, cannot imagine what a “federation” which is not a state, or, as Giuliano Amato puts it, not a Bundesrepublik, would look like, even though the European citizen, Leben, would apparently very much like to see it come into being; Klaus von Beyme, the political scientist, recalls the Lebenslüge of Germany’s federalism and Helen Wallace confirms this—not only does the term “federation” irritate many Britons, as Joschka Fischer knows so well, “his focus on the finalité of the European Union also baffles” most of them. Tanja Börzel and Thomas Risse have delivered a systematic treatment of the issue which juxtaposes the conventional legal reconstruction of the EU (with which they find Fischer still identifying himself) with the multi-level governance models circulating in the world of the political sciences: tertium datur! Reservations about the “federation” vision are particularly marked in the contributions by Iulia Motoc and Jan Zielonka. Both are afraid of the implications of such a move for the “standing” of putative new members; the loss of their newly gained autonomy. The present institutional system cannot work with so many new member, Joschka Fischer argues. Deepening, however, will provoke the mistrust of the new Member States, von Beyme warns. And Jan Zielonka adds that enlargement is simply incompatible with Joschka Fischer’s finalité: to insist on the “adoption of an 80,000 pages long acquis communautaire” cannot be the “Königsweg” into a democratic future. The threat of a core Europe may, indeed, strengthen new alliances with British opponents of further integrationist moves. It is illuminating to observe that all the contributions are fighting with an apparent dilemma: the adherence to a formal structure which will be accompanied by the emergence of new non-formalised hierarchies on the one hand, and institutional changes which should focus on the efficacy of decision-making procedures in the future on the other. The quest is for a tertium, i.e., an institutional reform within which the economic and social discrepancies could be addressed and the acceptance of the Union by all its new and old citizens be ensured. How, then, does one get there? The title Johan Olsen has chosen for his contribution refers to the institutional framework outlined in Fischer’s talk: “a constitutional treaty centred around basic human and civil rights; shared sovereignty and a clear definition of competences between European and nation-state levels of governance; a division of powers among the European institutions, including full parliamentarisation and a European Parliament with two chambers, a European Government and, possibly, a directly elected president” entrusted with broad administrative powers. It its not just the individual elements of this building which meet with reservations, but the very idea of prescribing the ends of the integration process. All disciplines, including even the law, have come to understand integration more as a Hayekian discovery procedure than a pre-thought-out blueprint, and constitutionalisation more as a process than as an interpretative exercise. Constitutionalism beyond the state has become a theme even within nation-states with a strong “Staats-tradition”. All this implies a search for legitimate governance structures which cannot simply be copies of the model of the democratic nation-state. Joschka Fischer, the citizen, may be less surprised than Joschka Fischer, the Foreign Minister, by the observation that so many among the contributors seem to be more radical than he is in their readiness to rethink Europe’s institutional future. There is a lot more to be found in the contributions—and, indeed, in Joschka Fischer’s speech. This speech was politically successful in that it moved so many otherwise silent minds in the European public. Its was also successful in strengthening the sensitivity of the academic world to a series of issues which deserve to be explored and debated further—in both worlds.

  • Federal Income Taxation by William A. Klein, Joseph Bankman, and Daniel N. Shaviro

    Federal Income Taxation

    William A. Klein, Joseph Bankman, and Daniel N. Shaviro

    Students and instructors nationwide will soon recognize that FEDERAL INCOME TAXATION, Twelfth Edition, Is the most accessible edition to date! Every single element of this longstanding leading text - from content selection to sequence to organization - has been enhanced for greater effectiveness and easier understanding. The strengths that have earned the casebook enduring popularity continue to serve as the backbone of the book such as: Problems that are interspersed between notes and questions. A perfectly balanced presentation that heightens accessibility while it remains challenging. the current authors, who are among the most noted scholars of their generation, continue to uphold and extend the tradition of excellence established by original author Boris Bittker. A unique introduction that provides insightful historical background and some economic analysis. Integrated theory and policy when appropriate. an extensive Teacher's Manual, long regarded as one of the best in any substantive area, supports the text and gives practical suggestions rooted in years of classroom experience. Some of the many exciting changes made For The Twelfth Edition include: new co-author Daniel Shaviro shares his expertise in tax law and policy new and additional problems, In response to user feedback new introductory text supplies additional explanations updated text on the 1997 Tax Act substantially trimmed notes concentrating on the essentials a new discussion of 'flat tax' and expanded section on tax compliance materials on Drescher that now stand alone and can be used when professors prefer a rewritten section on original issue discount, now clearer and easier to follow an impressive author web site, www.law.nvu.edu/bankmanj/ cases which have been exhaustively reviewed include preserved teaching cases considered to be the best, and less distinguished cases either cut, reduced, or summarized If you select a casebook on the basis of quality, currency, and accessibility, you're sure to choose FEDERAL INCOME TAXATION, Twelfth Edition, For your next course.

  • The Implications of the European Convention on Human Rights for the Development of Public International Law by Theodor Meron

    The Implications of the European Convention on Human Rights for the Development of Public International Law

    Theodor Meron

    Although it is still too early to reach definitive conclusions about the impact of the European Convention on Human Rights on general international law, it is already clear that it has had a significant impact not only on other regional and universal human rights systems, but also on such diverse areas as the principles of state responsibility, the interpretation of treaties, and environmental protection. An area where such an influence has, at least so far, been limited to human rights systems and where it has not extended to general international law is that of reservations to treaties. This report was specially prepared by Professor Theodor Meron, Charles L. Denison Professor of Law at New York University Law School and an Associate Member of the Institute of International Law, and was discussed at the 19th meeting of the Ad Hoc Committee of Legal Advisers on Public International Law (CAHDI) of the Council of Europe, held in Berlin from 13-14 March 2000. With its publication, the CAHDI wishes to contribute in a practical manner to the celebration of the fiftieth anniversary of the European Convention on Human Rights (1950-2000).

  • Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell by Arthur R. Miller and Michael H. Davis

    Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell

    Arthur R. Miller and Michael H. Davis

    It has been said, with respect to tort law that anyone can recognize a punch in the nose. Unlike a punch in the nose, "Patents and copyrights approach, nearer than any other class of cases belonging to forensic discussion to what may be called the metaphysics of the law, where the distinctions are, or at least may be, very subtle and refined, and, sometimes, almost evanescent." This text, by famed Harvard professor Arthur Miller, includes patents, trademarks, and copyrights. Further, it addresses torts and property; antitrust and government regulation; concepts of federalism and state and federal conflicts. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.

  • Moral Demands in Nonideal Theory by Liam B. Murphy

    Moral Demands in Nonideal Theory

    Liam B. Murphy

    Is there a limit to the legitimate demands of morality? In particular, is there a limit to people's responsibility to promote the well-being of others, either directly or via social institutions? Utilitarianism admits no such limit, and is for that reason often said to be an unacceptably demanding moral and political view. In this original new study, Murphy argues that the charge of excessive demands amounts to little more than an affirmation of the status quo. The real problem with utilitarianism is that it makes unfair demands on people who comply with it in our world of nonideal compliance. Murphy shows that this unfairness does not arise on a collective understanding of our responsibility for others' well being. Thus, according to Murphy, while there is no general problem to be raised about the extent of moral demands, there is a pressing need to acknowledge the collective nature of the demands of beneficence.

  • Marbury v. Madison: The Origins and Legacy of Judicial Review by William E. Nelson

    Marbury v. Madison: The Origins and Legacy of Judicial Review

    William E. Nelson

    We take for granted today the tremendous power of the Supreme Court to interpret our laws and overrule any found in conflict with the Constitution. Yet our nation was a quarter-century old before that power of “judicial review” was fully articulated by the Court itself in Marbury v. Madison (1803). William Nelson’s concise study of that landmark case provides an insightful and readable guide for students and general readers alike.

  • Law as Culture and Culture as Law: Essays in Honor of John Phillip Reid by William E. Nelson and Hendrik Hartog

    Law as Culture and Culture as Law: Essays in Honor of John Phillip Reid

    William E. Nelson and Hendrik Hartog

    For four decades, John Phillip Reid has been one of the most productive and challenging practitioners of American legal and constitutional history. Writing on subjects as diverse as the law of the Cherokee, legal culture on the Overland trail, and the legal and constitutional history of the American Revolution, Reid has illuminated the many ways in which law has been a central cultural value. Law as Culture and Culture as Law not only honors Professor Reid's decades of scholarship and teaching—it presents a spectrum of historical inquiries developing and engaging Reid's insights and methodological approaches to legal and constitutional history. The essays gathered in this volume span nearly three centuries and two continents, ranging from the agonizing struggles over law, religion, and governance in late seventeenth-century Ireland to the legal and constitutional regimes of governmental regulation in twentieth-century New York. Law as Culture and Culture as Law is a tribute to John Philip Reid and the best evidence of his profound influence on the study and writing of legal history.

  • Environmental Law, the Economy, and Sustainable Development: The United States, the European Union, and the International Community by Richard L. Revesz, Philippe Sands, and Richard B. Stewart

    Environmental Law, the Economy, and Sustainable Development: The United States, the European Union, and the International Community

    Richard L. Revesz, Philippe Sands, and Richard B. Stewart

    This book provides a comparative analysis of environmental regulation in multi-jurisdictional legal and political systems, focusing on the United States, the European Union, and the international community. Each of these systems must deal with environmental interdependencies that cross local borders. Some transjurisdictional environmental problems are global, including stratospheric ozone depletion, climate change and the loss of biodiversity. Other environmental problems, however, are localized in their effect on health and the environment: for example, municipal waste disposal, many forms of pollution and resource development, and drinking water quality. These varying jurisdictional and environmental circumstances pose the central question of how responsibility for addressing different environmental problems should be allocated among the different levels of decision making and implementation in a multi-jurisdictional system.

  • Making Sense of Social Security Reform by Daniel N. Shaviro

    Making Sense of Social Security Reform

    Daniel N. Shaviro

    The Social Security Act of 1935 must be counted among the most monumental pieces of legislation ever passed by Congress. Today, sixty-five years after its enactment, public support for Social Security remains extremely strong. At the same time, there have been reports that Social Security is in grave danger of financial collapse, and numerous groups across the political spectrum have agitated for its reform. The president has put forward proposals to rescue Social Security, conservatives argue for its privatization, and liberals advocate increases in its funding from surplus tax revenues. But what is the average person to make of all this? How many Americans know where the money for Social Security benefits really comes from, or who wins and loses from the system’s overall operations? Few people understand the current Social Security system in even its broadest outlines. And yet Social Security reform is ranked among the most important social issues of our time. With Making Sense of Social Security Reform, Daniel Shaviro makes an important contribution to the public understanding of the issues involved in reforming Social Security. His book clearly and straightforwardly describes the current system and the pressures that have been brought to bear upon it, before dissecting and evaluating the various reform proposals. Accessible to anyone who has an interest in the issue, Shaviro’s new work is unique in offering a balanced, nonpartisan account.

  • Passive Loss Rules by Daniel N. Shaviro

    Passive Loss Rules

    Daniel N. Shaviro

    Tax Management Portfolio, Passive Loss Rules, No. 549-2nd, describes in detail the application of the passive loss rules to losses and credits from investments in passive activities. In general, the passive loss rules limit the deduction of net losses from passive activities and the use of credits from such activities to offset tax liability on income that is not from such activities. These rules, which apply generally to all non-corporate taxpayers (and personal service corporations and closely held C corporations), treat portfolio income (e.g., dividends and interest not derived in the ordinary course of business) as income not derived from a passive activity. In general, passive activities under the rules are those activities involving the conduct of a trade or business in which the taxpayer does not materially participate. Material participation requires regular, continuous, and substantial involvement by the taxpayer in the operations of the activity—a relatively high standard that requires considerably more than general management responsibility. All rental activities are treated as per se passive, except for interests in rental real estate owned by certain real estate operators. Except as provided in regulations, no interest as a limited partner is treated as an interest with respect to which the taxpayer materially participates. Deductions and credits from passive activities that are disallowed for any year because in excess of income and tax liability attributable to all such activities, are suspended and carried forward indefinitely to be used against passive income arising in a subsequent taxable year. Suspended passive losses are allowed against non-passive income upon the disposition of the taxpayer’s entire interest in the activity, or in limrted cases upon a partial disposition. Certain losses and credits from rental real estate activities may also be allowed against nonpassive income and tax liability, up to a maximum of $25,000 per year. This Portfolio may be cited as Shaviro, 549-2nd T.M., Passive Loss Rules.

  • When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity by Daniel N. Shaviro

    When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity

    Daniel N. Shaviro

    Suppose Congress were to change Social Security just before you retired? Or repeal income tax deductions for homeowners? Or institute a flat tax? Should those changes be retroactive? Or should you retain the gains or accept the losses resulting from the new enactments? What kinds of policies might governments adopt in order to mitigate the transitional effects of changing legal rules? Daniel Shaviro tackles these tough questions, bringing legal, economic, and political perspectives to bear on a persistent problem not often given serious attention. When Rules Change: An Economic and Political Analysis of Transition Relief and Retroactivity focuses on tax law changes to develop an in-depth understanding of the transitional issues inherent in any substantive rule change and also to advance a set of normative policy guidelines applicable to any such circumstance. Shaviro reframes traditional approaches to the problem of retroactivity and offers new insights into both the theory and policy of legislative transitions.

  • International Human Rights in Context: Law, Politics, Morals: Text and Materials by Henry J. Steiner and Philip G. Alston

    International Human Rights in Context: Law, Politics, Morals: Text and Materials

    Henry J. Steiner and Philip G. Alston

    Steiner and Alston's widely acclaimed interdisciplinary coursebook presents a diverse range of carefully edited primary and secondary materials alongside extensive text, editorial commentary, and study questions. Within its coneptual framework, the book covers the major topics of international human rights: the basic characteristics of international law; evolution of the human rights; the humanitarian laws of war; globalization; self-determination; women's rights; universalism and cultural relativism; intergovernmental and nongobernmental institutions; implementation and enforcement; internal application of human rights norms; and the spread of constitutionalism. Its scope, challenging inquiries, and clarity make it the ideal companion for human rights students, scholars, advocates, and practitioners alike. This new edition takes into account the recent significant developments in the field and expands coverage in several directions. Its text and readings provoke discussion of the ongoing and emerging debates of the human rights movement. Themes such as the changing question of sovereignty, the waning significance of the public-private divide, and the alternative approaches of human rights and duties run through the book.

  • The Clean Development Mechanism: Building International Private-Public Partnerships Under the Kyoto Protocol: Technical, Financial and Institutional Issues by Richard B. Stewart

    The Clean Development Mechanism: Building International Private-Public Partnerships Under the Kyoto Protocol: Technical, Financial and Institutional Issues

    Richard B. Stewart

    This report on the technical, financial and institutional aspects of the Clean Development Mechanism (CDM) is based on the work and deliberations of the Ad Hoc Working Group commissioned by the Unites Nations Conference on Trade and Development. The publication looks at the structure of the CDM, project eligibility and approval under the Kyoto Protocol, certification and tracking, and investment incentives and opportunities.

  • Ethical and Social Perspectives on Situational Crime Prevention by Andrew von Hirsch, David W. Garland, and Alison Wakefield

    Ethical and Social Perspectives on Situational Crime Prevention

    Andrew von Hirsch, David W. Garland, and Alison Wakefield

    Situational crime prevention has drawn increasing interest in recent years, yet the debate has looked mainly at whether it “works” to prevent crime. This volume addresses the ethics of situational crime prevention and also examines the place of situational crime prevention within criminology. The contributors are twelve distinguished criminologists who together advance our understanding of the ethical and societal questions underlying crime prevention. Contributors: Ron Clarke, Adam Crawford, Antony Duff, David Garland, Tim Hope, Richard Jones, John Kleinig, Clifford Shearing, David J. Smith, Richard Sparks, Andrew von Hirsch and Alison Wakefield.

  • The EU, the WTO, and the NAFTA: Towards A Common Law of International Trade? by Joseph H. H. Weiler

    The EU, the WTO, and the NAFTA: Towards A Common Law of International Trade?

    Joseph H. H. Weiler

    The starting point of this book is the coexistence of the overlapping regimes of the World Trade Organisation (WTO), the European Union (EU), and the North American Free Trade Agreement (NAFTA). On this basis, it explores the emergence of a nascent common law of international trade. This exploration is rooted in three phenomena: Firstly, the fact that the very same regulatory measure may come simultaneously within the jurisdictional reach of more than one trade regime and may even be adjudicated simultaneously. Some regimes offer alternatives. The NAFTA, for example, offers the General Agreement on Tariffs and Trade (GATT) dispute resolution as an option for many of its own disputes. Second is the convergence in the material law of the disparate international trade regimes. This, of course, is the heart of the emergent Common Law. Third is the strengthening of private parties in all regimes. Once a preserve of the EU, the NAFTA allows private party dispute resolution of different types in relation to various matters and in the case of the WTO, although it is still an intergovernmental preserve, private actors are learning to manipulate the system. This volume, built on a recent series of courses at the Academy of European Law, is a reflection of this conviction. The various contributions deal with discrete areas—in the double sense—of the international trading system but each placing considerable emphasis on the interlocking nature of the various components of that system.

  • Diritti umani e globalizzazione: Il ruolo dell'Europa by Philip G. Alston

    Diritti umani e globalizzazione: Il ruolo dell'Europa

    Philip G. Alston

    [Translation from Italian] In this book, Philip Alston, an expert on global economic and social rights, emphasizes Europe's role in maintaining a focus on human rights in an era of one-way globalization, oriented toward indiscriminate openness to the demands of dominant economic systems. But Europe cannot limit itself to a defensive role. Through its own system, European institutions must actively contribute to the globalization of rights.

  • Promoting Human Rights Through Bills of Rights: Comparative Perspectives by Philip G. Alston

    Promoting Human Rights Through Bills of Rights: Comparative Perspectives

    Philip G. Alston

    In recent years the international community has continued to adopt a flow of both binding and non-binding human rights instruments. But despite the significant domestic impact of these developments, most of the literature on human rights has focused on international procedures and institutions, to the neglect of domestic legal arrangements. In this timely volume Professor Alston and a team of distinguished contributors examine the consequences of international human rights treaty obligations at national level. The problems addressed include the transformation of international norms into national law; how to prepare appropriate domestic arrangements for giving effect to international norms (with particular emphasis on the role of the bill of rights); an assessment of the impact of international obligations on domestic legal regimes. This carefully edited collection will be of interest to all practitioners, scholars, and students of the law and theory of international human rights.

  • The EU and Human Rights by Philip G. Alston, Mara Bustelo, and James Heenan

    The EU and Human Rights

    Philip G. Alston, Mara Bustelo, and James Heenan

    For all its achievements in integrating Europe, the EU lacks a human rights policy which is coherent, balanced and professionally administered. This volume provides an insightful critique of current policies and detailed recommendations for the future by leading experts in the field including individuals from every EU country.

 

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